Must I start the probate procedure myself after a death?
Conditional — you usually need not start probate yourself, but you must watch what you (do not) declare. Under the Inheritance Act the procedure starts ex officio once the court receives the death certificate drawn up by the registrar after the death is recorded. It is conducted by the municipal court or a notary as court commissioner. Here a dangerous myth falls: inheritance is not "accepted" but renounced — whoever does not expressly renounce is, by law, deemed to have accepted the inheritance. That has a price, because an heir is liable for the deceased's debts, though only up to the value of the inherited property. An heir's statement is made up to the first-instance decision and cannot be made in advance, before death. A renunciation as a rule also applies to your descendants, unless you declare otherwise. The outcome is a decision on inheritance.
📋 The rules
- Initiation: the procedure starts ex officio when the court receives the death certificate or an extract from the death register (Inheritance Act).
- Who conducts it: the procedure is conducted by the municipal court or a notary as court commissioner to whom the case is assigned.
- Heir's statement: whoever does not expressly renounce is deemed to have accepted the inheritance; a statement need not be made, but acceptance is presumed.
- Renunciation deadline: a renunciation is made up to the first-instance decision and cannot be made in advance, before the death.
- Liability for debts: an heir is liable for the deceased's debts, but only up to the value of the inherited property.
🔓 Exceptions
- Effect of renunciation: a renunciation as a rule also applies to the descendants of the renouncing heir, unless it is expressly declared to be in one's own name only.
- No estate: if the deceased left no property, the court as a rule does not hold a probate hearing.
- Disputed facts: if the facts are disputed (validity of a will, the circle of heirs), the court stays the procedure and refers the parties to litigation.
⚠️ Penalties & fines
Probate has no "fine", but passivity in it is costly. The biggest trap is that silence means acceptance: whoever does not renounce in time also inherits the deceased's debts — admittedly up to the value of the inherited property, but with a duty to answer to creditors. If you miss the deadline up to the first-instance decision, you can no longer renounce, so the inherited debt stays yours. The procedure is not free: a notary's fee is charged that rises with the value of the estate, plus court and possible lawyer costs. If heirs disagree over a will or shares, the court stays the hearing and refers them to litigation that can last years. Undivided property stays in co-ownership that hampers sale and management. It therefore pays at once to establish the property and debts and to decide consciously whether to accept or renounce.
📎 Official sources
- gov.hr — probate procedure →
- zakon.hr — Inheritance Act →
- Croatian Chamber of Notaries — inheritance and estate →
❓ Frequently asked
Must I start the probate procedure myself?
No, the procedure starts ex officio once the court receives the death certificate drawn up by the registrar. You will be summoned as a possible heir by the court or the notary assigned the case, so you need not file any separate application yourself.
Do I inherit the deceased's debts?
Yes, an heir is liable for the deceased's debts, but only up to the value of the inherited property. If you do not want the debts, you must renounce the inheritance in good time, because silence is read by law as acceptance of the inheritance.
Until when can I renounce the inheritance?
You may make a renunciation right up to the first-instance decision on inheritance, but not in advance, before the death. After that moment renunciation is no longer possible, so you are deemed to have accepted the inheritance.
Who conducts the probate procedure?
The probate procedure is conducted by the municipal court or, most often, a notary as court commissioner. The notary hears the heirs, takes their inheritance statements and prepares the decision on inheritance that the court confirms or issues.
How much does probate cost?
A notary's fee is charged whose amount rises with the value of the estate, plus court fees and any lawyer costs. The first order of heirs, such as children and the spouse, is exempt from inheritance tax, while others may pay it.
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